dimanche 8 novembre 2015

Motions: Can I File a Motion for Dismissal Based on Speedy Trial Rights (Speeding Ticket)

My question involves traffic court in the State of: NEW YORK

Hi,

I received a speeding ticket in NY (Westchester County) on 01/17/14. I was working nearby at the time, and was told afterwards by colleagues that it is a well known "trap" for out of town suckers. Clearly, the terrain and slope lent itself perfectly to this type of ticket. Anyway, I had actually forgotten about it completely until I received an appearance date last week for 12/08/15. That is 1 year and 11 months since the ticket was written! This is the first communication I have received.

I did not remember what the ticket was for, and had to look into my "traffic violation" file to find the original. I know there were circumstances about the ticket that had me very upset, but it has been so long I can't remember what they were, and why I wanted to fight it.

Hence my inquiry. How would I file a motion for dismissal based on the premise of my right to a speedy trial? My guess is that this court is in a perpetual time-warp and they will not be very amenable to the notion of a dismissal based on my right to a speedy trial. Any advice would be greatly appreciated. If you think I have a shot at a dismissal, I need to know specifically how to file the motion...or not file.

I will not be meeting with the Judge, but rather the Town Prosecutor. Apparently, this is not a trial date? Could they really expect me to come back at another time?

Thanks in advance.
Don


Motions: Can I File a Motion for Dismissal Based on Speedy Trial Rights (Speeding Ticket)

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